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SR-308-002-02 (10) RP:DTA:dc ... . Councll Meeting: 2/23/82 Santa Monica, call~rnia jJ-]S ~fJ--CJ,()Z-O'Z...- FEB 2 3 1S82 TO: Mayor and Clty Councll FROM' Cl ty Staff SUBJECT Recommendatlon Regarding Beach Concesslons in 1982 Season Introduction ThlS report presents staff's recommendatlon regardlng City-owned beach conceSSlons for the 1982 beach season, and requests City Councll approval of the same. Background There are currently seven fast-food conceSSlon sltes in the beach area WhlCh are owned by the City and adminlstered by the Department of Recreation and Parks. Two of these sltes, the Mermald Cafe and Hot Dog on a Stlck, have been on a month-to-month rental arrangement. Flve other sltes contaln Clty-owned buildlngs, and operated under longer term conceSSlon agreements wlth the Clty prior to the eXplratlon of our previous beach operatlng agreement wlth the State. Four of these bUlldings were under lease to Zeppy's and subsequently subleased to Plcea, Inc. (two sltes) and Nand J, Inc., (two sltes), dOlng buslness as Hy's Perry Plzza and Andre's, respectlvely. The fifth bUlldlng was under lease to Nancy Llndsey, dOlng buslness as NancY's. Flnallzatlon of the new beach operatlng agreement with the State was recelved by the Clty ln late November. The new twenty-flve year agreement allows the Clty an opportunlty to do some long range planning for the beach area, WhlCh mlght lnvolve replacement of some of the eXlstlng bUlldings whlch are no longer in good structural cond1tlon. Due to the late notif1cation recelved of renewal of the State agreement, there lS not tlme to make any maJor changes lnvolving construction prlor to the beach season, Wh1Ch normally begins w1th Easter week in Apr11. H-"5 FEB 2 3 1982 qp~DTA:..dc . TO: Mayor and City Council Santa Monic~cal1fornia -2- Staff would llke to have more tlme to plan for 1mprovements 1n the area of beach conceSS1ons, and to allow time for construction, 1f appropr1ate. Therefore, 1t would be des1rable to renew the prev10us concession agreements wlth Picea, Inc , and w1th Nand J , Inc., on a month to month basis and to enter 1nto new month to month agreements with the Merma1d Cafe and Hot Dog on a Stick to provide serV1ce to beach patrons through the 1982 season An operator for the build1ng previously leased to Nancy L1ndsey (located at 930 PCH) would have to be determlned through the bid process, since that contract ended 1n d1spute, and the C1ty 1S in the process of f11ing litigat1on. The b1d would spec1fy that the agreement would not exceed one year. The Recreation and Parks Comm1sslon cons1dered and unanimously approved staff's proposal as outl1ned here1n at their regular meeting of January 21, 1982. Mr. Durst moved to accept staff's recommendation to renew previous conceSSlon agreements with P1cea Inc., and N & J Inc., on a month to month basis and to seek blds for an operator for the bU1lding at 930 P.C.H. to operate for a perlod not to exceed one year. The motion was seconded by Mrs. Verge and carried unan1mous1y. Recommen da t 10 n Staff recommends that the Councll approve staff's proposal to renew on a month to month basls, the previous conceSSlon agreements with P1cea, Inc., and Nand J, Inc., to enter lnto new month to month agreements w1th the Mermald Cafe and Hot Dog on a Stlck, and to seek, through the bld process, a conceSSlonalre for the bui1dlng at 930 P.C.H. to operate during the 1982 season. Prepared by: Donald T. Arnett, Director Recreation and Parks DTA:MS:dc ~-'I~ ;'jPff~pe:?.....c>'2- '-_ ~v owk~ TN. ~ ~~ ~. ,1 JI.U\.ltJ ~ ~m..... d.v..t, i:e ~~ ~ f~~J Jy~~ J~~i k~~ ~ fA) AL~ r ~ ~ of, tJ:;"rJ..., .J ~ rNUUiJ~ ~ .l'/Y\A.,fojr.eV~ ~{)~ "~u.L tu O-\J\-~-.iL-. S{ ~ Cl/m) ~-NO..l~ ~ ~ CYIV ~ QC~ ~ ICO~fM.0~~~ ~~ W-~ r -b\-L ,~{ Q\.}.a~lkt~~UJ~ ~~ ~U../t~ /'('I~,"...J::vr:<'[ . ()k~ '-~ Ju~ <'\\.,.~ t~~ ''\~~~/.J f~~~~:;t~ /""--------..,- -, (/2-D-' -~ - . 3o<g--ooz.-c-'Z- o8i .J,:~' 10 All 'Le "D JUN J 31gB' LAW OF'FICE:S STANLEY 0 EpSTEIN A PROl"E5SIONAL GDRPORAT ON 2522 AR"';::SIA BOULEVARD o~ CCUNSEL ALEXANDER E MACKSOU:> REDO"iDO BEACH, C"UFORNIA 90278 T:::::L..EPHO"J:::: 2.3 376-94100:. F"<Ob" LOS t>NG:::LO:::.s '213 77;:;-7~2C June 9, 1981 City Clerk, City of Santa Monica 1685 Main Street Santa Monica, California 90401 Re Next Regular City Council Heeting of June 23, 1981, Request To Include Item On Agenda Gentlepersons' Please be good enough to include on the agenda of your next regularly scheduled City Council Meeting the following subject. Request for approval of modification of Concession Agreement between Nancy Lindsey, d/b/a Nancy's Refreshments and the City of Santa Monica, dated June 13, 1975 The modification consists of the requested termination of one of the two concession locations, more particularly the Mobile Catering Unit located at 810 Pacific Coast Highway, Santa Monica (Sorrento Beach) Should you have any questions relative to the above, please contact my office at your early convenience (~ry\ truly \ J \ SOE Jn cc. Nancy Lindsey Donald Arnett r2t: /, - ~ h /,l. e.J!:& I' H {).'./IAzUfA j, . ( a [llZ;;A~"-V-. } J I ;to JUN 2 3 '98' ~ . CITY OF SANTA MONICA CAUFORNIA City Clerk 1685 Mam Street, Santa MOnica, Ca 90401 Telephone (213) 393.9975 ~ June 17, 1981 Stanley O. Epsteln 2522 Artesla Boulevard RedondQ Beach, California 90278 Dear Mr. Epstein: Your request tQ address the City Caunell has been placed on the agenda for the meeting tQ he held on June 23, 1981. Please plan to attend the above meeting if yuu wlsh to participate 1n the discussIon. Sincer.ely, (~ 7)L~~ Ann M. Shore C1ty Clerk Attachment: C1ty CQuncil Agenda - flidi!ioN I~Q Santa Monica, cal'llrnia, June 18, 1981 JUN 2 ~ 1981 TO: Mayor and City Council FROM: City Staff SUBJECT: Nancy Lindsey Beach Concession Agreement Introduction This report is intended to provide background information on Nancy Lindsey dba: Nancy's Refreshments through beach concession agreement, contract #2165 (CCS). Ms. Lindsey has submitted to Council a written communication for the agenda of June 23. Background The concession agreement was transferred to Nancy Lindsey from the original lessee, David A. Mittleman, with City Council approval on April 24, 1979. The lease is scheduled to expire on December 21, 1981. The agreement provldes for the operation of a refreshment concession on the site located at approximately 810 Pacific Coast Highway {commonly known as "Sorrento"}, and the premises located on beach parking lot 930. Rent is to be paid on the first day of each of the months of May, June, July and August each year, the payment to be a minimum of $1,500 per site (for a total annual minimum of $12 ,OCm), plus 25J,~; of the total gross monthly receipts in excess of $1,960.78 per site. The City provides the bUl1ding at the 930 site. The "Sorrento" site requires a mobile concession unit. When Ms. Lindsey entered into the contract, the construction of the pedestrian overpasses was in progress on both sites. Ms. Lindsey requested waiver of June 1979 rent in a letter dated October 1, 1979. due to constructlon interference. Staff surveyed parking revenues at the two sites for the month of June. A 12% reduction was evident in the use of the parklng facilities, a 12% reduction of the June rent /30 JUN 2 :3 '981 To: Mayor and c4It Council -2- Santa~ica. California. June 17. 1981 was granted. Approximately four months later (June rent still had not been paid) Ms. Lindsey wrote another letter further explaining her request and detailing figures to indicate ~evenue lost due to the construction. Our records ind1cate that there was no reply to this letter from the Recreation and Parks Department, and that Ms. Llndsey continues to owe the City 88% of the June 1979 rent installment of $2,640. During the 1980 summer season. Ms. Lindsey did not make rental payments in accordance with the lease agreement. Finance department records show June 1980 rent was paid in two installments (6/24/80 and 7/1/80), as were July (7/9/80 and 7/22/80), and August (7/30/80 and 8/12/80). Staff informed Ms. Lindsey that payment in installments was contrary to lease terms and not acceptable (letter dated August 6, 1980), and urged Ms. Lindsey to comply with terms of the agreement. On June 1,1981, City staff received a check in the amount of $1,800 with a letter from Ms. Lindsey indicating that this was partial payment for May rent (which was due May 1), and that the remainder would be forthcoming. As mentioned earlier in this report, Ms. Lindsey was providing service to the "Sorrento" site by dispensing products from a mobile concession un1t. At the end of the 1980 summer season, the mobile unit had apparently been vandalized, and City staff was receiving complaints about the "eyesore" that the unit had become. Staff requested Ms. Lindsey to remove the unit from the site during the "off" season and offered assistance in securing storage for it. It was arranged for the unit to be stored at the Santa Monica Airport. Mayor and City Coun4lt Santa Monica, 4Itifornia, June lB, 19B1 -3- At the onset of this year's summer season, Ms. Lindsey returned the unit to the "Sorrento" site in essentla11y the same condition. Staff requested Ms. Lindsey, in a letter dated June 4,1981, to pay all rents due (remainder of May installment, $1,200 plus June installment, $3,000) and to make arrangements to either have the mobile concession unit restored to a clean, sanitary and attractive condition or to replace it, both conditions to be rectified within ten (10) days of receipt of the letter. Postal return receipt records indicate that the letter was received by Ms. Lindsey on June 6,1981. Since receiving the letter, Ms. Lindsey has paid $1,200 of the rent due and has removed the mobile concession unit from the site. Ms. Lindsey continues to owe $3,000 in rent which was due June 1,1981, and is not providing concession service to the "Sorrento" site, in accordance with conditions of the concession agreement. Prepared by: Donald T. Arnett, Dlrector Recreation and Parks DTA : dc .: . . I :le t-- OFF'" C "-A'.N O""F-CES 3t/t'~002~o2. MAY 1 3 1980 _.. E - 'r\ HtfD F H,W~L_ , ~ A T'~ARV:~v R;J '(if! ~M.,_ . '...'T..... ~I ~,.. L t- THARPE & HOV,ELL 5.JITt: 620 ..;I..QEA coo::: 213- 82C--670. 873'-:::::'75 6- SA...., '...-"C~""'TE BCU,-EVARD LOS AXGELES. CALlFORXIA 90049 April 29, 1980 G 368 Santa Monlca City Clerk C~ty of Santa Mon~ca 1685 Main Street Santa Monlca, California 90401 Re: Proposed parasail Operatlon for Summer, 1980 Dear Sir: Please find enclosed a detailed presentat~on of my cllent's, the Ferguson/Rodriguez partnership, proposed parasail operation for the summer of 1980. This proposal has recently been submitted to County staff. In response to that presentatlon, the Director of Parks & Recreat~on, Don Arnett, cited problems with heavy beach use and indemnity insurance. However, my client is prepared to obta~n substantial insurance and lS confldent that thlS activity would be compatable with existing use of the Santa Monlca Beach. Therefore, at Mr. Arnett's suggestion, I am requesting that this proposal be placed on the Clty Council's calendar for consideration by the full councll. Thank you for your attention to this matter. I remain, Very truly yours, -' ~~ r' ~ . ~-- "- .... ,--~_____ TODD R. HmV'ELL TRH:ld Enclosure ,-/-q'C te 04~cR.u~JIiJ.. t.')~ r:- MAY! 3 1988 , :J. e- . c-- . PROPOSED PARASAIL OPERATION FOR SUMMER, 1980 The following lS a detailed presentatlon of my client's, the Ferguson/Rodriguez partnershlp, proposed Parasail operation for the summer of 1980. Parasail rides are already being conducted in Florida, Texas and Hawall. My client conslders the Southern Cal~fornia coast to be an ideal locatlon for such an activity, and is anXlOUS to establ~sh such a ride on one of the beaches of Los Angeles County. DESCRIPTION: Basically, Parasailing consists of towlng an alr- borne parachutist Wlth a power speed boat. The rlde beglns with the parachutist standing on the beach, and ends with him floating gently back to the area from WhlCh he started. Before becoming airborne, the parachutist stands on the beach wearing a parachute which trails out behind him on the sand. The parachutist is attached to a cable which is in turn connected to the power boat wa~tlng offshore ln the water beyond the surfline. When everyone is ready, the boat accelerates away from shore, the parachutist trots towards the water and after two or three steps is a~rborne and rises to a height dictated by the length of the cable for the duration of the rlde. Throughout the rlde, the parachutlst is controlled by the driver of the boat at all times. He lS not free to swoop, rise and descend as he pleases. Rather, his altitude ~s governed by the speed of the boat, and h~s path necessarily follOws the course charted by his drlver. The ride wlll be relatively short. parasalling rldes as conducted ln the Un~ted States today generally last about s~x minutes, and my client intends to conform to that guideline. At the end of the ride, the driver drops the parachutist on a ten-foot in d~ameter cricular target on the sand where the ride started. This is done by gradually slow~ng the boat as it lS driven parallel to the shorel~ne, allowing the parachutist to float back out over the sand. When the parachutlst is positioned over the target, the drlver stops the boat and the parachutist is lowered slowly to the target.